Serious Crime Act 2007
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| Long title | An Act to make provision about serious crime prevention orders; to create offences in respect of the encouragement or assistance of crime; to enable information to be shared or processed to prevent fraud or for purposes relating to proceeds of crime; to enable data matching to be conducted both in relation to fraud and for other purposes; to transfer functions of the Director of the Assets Recovery Agency to the Serious Organised Crime Agency and other persons and to make further provision in connection with the abolition of the Agency and the office of Director; to amend the Proceeds of Crime Act 2002 in relation to certain investigations and in relation to accredited financial investigators, management receivers and enforcement receivers, cash recovery proceedings and search warrants; to extend stop and search powers in connection with incidents involving serious violence; to make amendments relating to Her Majesty's Revenue and Customs in connection with the regulation of investigatory powers; and for connected purposes. |
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| Citation | 2007 c. 27 |
| Introduced by | Home Office Minister Baroness Scotland 16 January 2007 |
| Territorial extent | England and Wales, Scotland, Northern Ireland |
| Dates | |
| Royal assent | 30 October 2007 |
| Commencement | from 15 February 2008 |
| Repealed | — |
| Other legislation | |
| Amended by | — |
| Repealed by | — |
| Relates to | — |
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Status: Not fully in force
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| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Serious Crime Act 2007 is an Act of the Parliament of the United Kingdom that makes several radical changes to English criminal law. In particular, it creates a new scheme of serious crime prevention orders to frustrate crime in England and Wales and in Northern Ireland, replaces the common law crime of incitement with a statutory offence of encouraging or assisting crime, makes provision as to disclosure and information sharing in order to prevent fraud, and abolishes the Assets Recovery Agency creating a new regime for the recovery of the proceeds of crime.
These provisions came into force on 6 April 2008.
Section 1 allows the High Court of Justice in England and Wales, and the High Court in Northern Ireland to make serious crime prevention orders containing prohibitions, restrictions, requirements and other terms where:
The burden of proof of these issues is on the person applying for the order on the balance of probabilities (ss. 35–36). Orders can only be imposed on individuals aged 18 or over (s.6) and only at the instigation of the Director of Public Prosecutions, Director of Revenue and Customs Prosecutions, Director of the Serious Fraud Office, or Director of Public Prosecutions for Northern Ireland (s.8). Orders must be of specified duration, not exceeding five years (s.14)
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